20031027Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:OCTOBER 24, 2003
RE:PROPOSED REVISIONS TO THE UTILITY CUSTOMER RELATIONS
RULES, IDAPA DOCKET NO. 31-2101-0301 (IPUC CASE NO. RUL-03-
On October 1 , 2003, the Commission caused to be published in the Administrative
Bulletin a Notice that it proposed to amend its Utility Customer Relations Rules, IDAP A
31.21.01.000 et seq. The Commission proposed several changes to its rules (attached). First
several changes address minors who apply for service, situations where a resident or occupant is
receiving service temporarily after a customer requests termination of service, and electronic
payments drawn on accounts with insufficient funds. Second, the Commission proposes to
revise Rules 104 and 301 to provide written or oral notice when the utility requires a deposit or
intends to deny service. Third, the Commission proposes to delete the requirements that utilities
provide customers a letter of good credit after discontinuing service (Rule 205) and that specific
information about the nature of an illness or medical emergency be included in a doctor
certificate (Rule 308). Fourth, the Commission proposes to clarify Rule 107 that discusses when
deposits must be returned to existing customers. Finally, the Commission proposes to amend
several rules to improve readability and clarity, eliminate ambiguities, correct citations and
cross-references, and make other housekeeping changes.
The Commission s Notice invited interested persons to submit written comments no
later than October 22, 2003. The Commission received two public comments (from Idaho Power
and PacifiCorp) and comments from the Staff responding to an issue raised by Legislative
Services. Legislative Services stated that no "meeting will be held, and we are pleased to report
that no objections will be filed" to the proposed rulemaking. Arranged for your review below
are the proposed rules and the comments relating to the rules.
DECISION MEMORANDUM
THE COMMENTS
Idaho Power supported adoption of all the proposed rules with two exceptions noted
below.
Rule 308-Serious Illness or Medical Emergency
The proposed changes to 308 clarify and streamline the rule. Subsection .04 was
eliminated because payment arrangements are already covered under Rule 313. The Commission
also deleted text that required the medical certificate to disclose the nature of the serious illness
or medical emergency. The patient privacy provisions of the Health Insurance Portability and
Accountability Act of 1996 have caused some health professionals to refuse to divulge this
patient medical information. Moreover, Staff suggested that it is sufficient for health
professional to simply state that there was a serious illness or medical emergency that would
justify postponing service termination.
308.SERIOUS ILLNESS OR MEDICAL EMERGENCY (Rule 308).
01. Medical Certificate -- Postponement Of Termination Of Service. A
utility shall postpone termination of utility service to a residential customer for
thirty (30) calendar days from the date of the receipt of a written certificate
signed by a licensed physician or public health official with medical training
that states:. The certificate must contain the following information:
(7 1 93)(
a. A statement that ~!he customer, a member of the customer s family, or
other permanent resident of the premises where service is rendered is seriously
ill or has a medical emergency or will become seriously ill or have a medical
emergency because of termination of service, and that (7 1 93)
b-: ~!ermination of utility service would adversely affect the health of that
customer, member of the customer s family, or resident of the household.
(7 1 93)(
m-. Contents Of lVledieal Certifieate. This certificate must be in writing and
show clearly
tIhe name of the person whose senous illness or medical emergency
would be adversely affected by termination and the relationship to the
customer, and
DECISION MEMORANDUM
c. the nature of the serious illness or medical emerge-ncy, and tIhe name
title, and signature of the person giving notice of or certifying the serious
illness or medical emergency.(7 1 93)(
OJ~. Restoration Of Service. If service has already been terminated when
the medical certificate is received, service shall be restored as soon as
possible, but no later than twenty-four (24) hours after receipt.The customer
mast shall receive service for thirty (30) calendar days from the utility'
receipt of the certificate.(7 1 93)(
04. Payment .rrangements. Before the expiration of the medical
postponement, the customer must make payment arrangements "'lith the utility
in accordance '.yith Rule 313.(7 1 93)
O~J.. Second Postponement. The utility may postpone termination of service
upon receipt of a second certificate stating that the serious illness or medical
emergency still exists.(7-93)
O()~. Verification Of Medical Certificate. The utility may verify the
authenticity of the certificate and may refuse to delay termination of service if
it is determined that the certificate is a forgery or is otherwise fraudulent.
(7-93)
05. Obli2ation to Pav. Nothing in this rule relieves the customer of the
obligation to pay any undisputed bill.
Staff did respond to one concern raised by the Legislative Service Office related to
this rule. This rule provides that a utility must postpone termination of services to a residential
customer with a medical emergency. As set out above, the postponement would occur on "the
date of the receipt of a written certificate signed by a licensed physician or public health
official...." (Legislative format). Legislative Services observed that requiring a "signature" may
be burdensome or a "bit bureaucratic" given that the Customer Relations Rules otherwise allow
electronic payments.
Staff commented that Rule 308 has always required that a certificate from doctors or
other health officials be in writing and that it be signed. Nothing in the current or proposed
changes to Rule 308 would prohibit electronic transmissions of a medical certificate. Staff notes
DECISION MEMORANDUM
that electronic certificates and signatures are legally valid pursuant to Idaho Code ~ 28-50-107.
Obligations of doctors and public health officials under the rule remain unchanged. Customers
will continue to be able to hand deliver, mail, fax, or e-mail medical certificates to utilities.
Rule 312-Denial or Termination of Service to Master-Metered Accounts and Residences or
occupants who are not customers.
Rule 312 addresses the denial or termination of service to either master meter
accounts or residents/occupants who are not customers. In subsection .02 of the rule, the
Commission proposed to reduce the notification window for termination from seven days to two
days. This reduction was to expedite the resolution of termination issues; to minimize the
economic loss to a utility where the resident or occupant fails to apply for service (or does not
qualify for service); and to minimize the conflict between departing customers requesting
termination and new residents or new occupants desiring to obtain new service. The proposed
rule is set out below.
312. DENIAL OR TERMINATION OF SERVICE TO MASTER-
METERED ACCOUNTS AND RESIDENTS OR OCCUPANTS WHO
ARE NOT CUSTOMERS (Rule 312).
01. Notice To Occupants Or Residents Not Customers. Except as
provided in Rules 303.01 and 303., no utility shall deny or terminate
service without providing written notice to the residents or occupants of:
(7 1 93)(
a. A building or mobile home court where service is master-metered; 6f
(7 1 93)(
b. A residence where the customer billed for service is not a resident or
occupant of the premises being served:; or (7 1 93)(
Premises where service is being provided on an interim basis to a resident
or occupant following a customer s request to terminate service.
02. Seven Day Delivery and Contents of Notice To Occupants Or
Residents. The utility must notify the residents or occupants of its intent to
deny or terminate service at least seveR two (12) calendar days, excluding
weekends and holidays,before the proposed date of termination. The notice
should be delivered to the premises or, in the case of multi-occupant buildings
DECISION MEMORANDUM
or mobile home parks, posted in common areas or a conspicuous location.
The notice shall state:
a. The date of the notice;
b. The proposed denial or termination date;
(7 1 93)(
(7-93)
(7 1 93)(
c. The amount due for the most recent billing period reason for denial or
termination; flfHi (7 1 93)(
d. +flat What action(s)the resident(s) or occupant(s) can negotiate directly
'v'/ith the utility to purchase future service at that location must take in order to
obtain or retain service in the resident's(s ) or occupant's(s ) own name(sh
and (7 1 93)(
e. That an informal or formal complaint concerning denial or termination of
service may be filed with this Commission.
Although PacifiCorp appreciates the reduction in time from seven days to two days in
subsection ., the Company suggested the Commission eliminate subsection .01.c in its entirety.
The Company stated that it does not support the practice of giving notice to residents/occupants
who have not applied for service and been accepted as a customer. The Company explained that
its practice is to leave service on between departing customers and new customers to control cost
and to minimize delay in providing new service.
Staff would note that the requirement of providing notice to residents occupying a
premise being served has not changed from the existing Rule. Staff believes that occupants
should receive notice of service termination so that they may avoid the harsh results of suddenly
finding themselves without service.
Rules 304.02 and 603.03-Notice Requirements for Termination of Service
Rules 304.02 and 603.03 generally establish the procedures for providing notice
before terminating service. Rule 304 pertains to residential and small business customers, while
Rule 603 pertains to large commercial, industrial and irrigation customers. In both these rules
the Commission proposed to clarify the notice procedures that utilities must use in terminating
service to a customer. The proposed rules are set out below.
DECISION MEMORANDUM
304. REQUIREMENTS FOR NOTICE TO CUSTOMERS BEFORE
TERMINATION OF SERVICE (Rule 304).
01. Seven Day Initial Notice. If the utility intends to terminate service to a
customer under Rule 302, the utility shall send to the customer written notice
of termination mailed at least seven (7) calendar days before the proposed date
of termination. This written notice mast shall contain the information required
by Rule 305.(3 30 01)(
02. Twenty Four Hour Final Notice. The utility may mail a final written
notice to customer at least three (3) calendar days, excluding weekends and
holidays, before the proposed date of termination. Regardless of whether the
utility elects to mail a written notice,Ai!t least twenty-four (24) hours before
aeffial the proposed date of termination, the utility mast shall diligently
attempt to contact the customer affected, either in person or by telephone, to
advise the customer of the proposed action and steps to take to avoid or delay
termination. This eml final notice mast shall contain the same information
required by Rule 305.(3 30 01)(
03. Additional Notice. If service is not terminated within twenty-one (21)
calendar days after the proposed termination date as specified in a written
notice the utility mast shall again provide notice under Subsections 304.01 and
304.02 ifit still intends to terminate service. (3 30 01)(
04. Failure to Pay Payment With Dishonored Cheek.No additional
notice of termination is required if, upon receipt of a termination notice, the
(3 30 01)(customer:
a. The customer mMakes a payment arrangement and subsequently fails to
keep that arrangement; 6f-(3 30 01)(
b. The customer tenders payment with a dishonored check;
(3 30 01)(
c. The customer, at a utility s collection yisit to terminate service, tenders
payment Y/ith a dishonored check Makes an electronic payment drawn on an
account with insufficient funds.(3 30 01)(
DECISION MEMORANDUM
603. REQUIREMENTS FOR AND CONTENTS OF NOTICE BEFORE
TERMINATION OF SERVICE (Rule 603).
01. Seven Day Initial Notice. If the utility intends to terminate service under
Rule M 601 , the utility shall send to the customer written notice of
termination mailed at least seven (7) calendar days prior to the proposed date
oftermination.(7 1 93)(
02. Contents Of A Notice. The written notice of termination shall state:
(7 1 93)(
a. The reason(s), citing these rules, why service will be terminated, and the
proposed date oftermination;
b. Actions the customer may take to avoid termination;
(7 1 93)(
(7-93)
c. That an informal or formal complaint concerning the termination may be
filed with this Commission; and (7-93)
d. That service will not be terminated prior to the resolution of such a filed
complaint (if the resolution is in favor of the utility, the Commission shall set
the date of termination).(7-93)
03. Twenty Four Hour Final Notice. The utility may mail a final written
notice to customers at least three calendar days, excluding weekends and
holidays, before the proposed date of termination. Regardless of whether the
utility elects to mail a written notice,Ai!t least twenty-four (24) hours prior to
actual termination, the utility shall diligently attempt to contact the customer
affected, either in person or by telephone, to apprise the customer of the
proposed action. This eml final notice shall contain the same information
required above for written notice. Each utility shall maintain clear, written
records of these oral notices, showing dates and the utility employee giving
the notices.(7 1 93)(
Idaho Power has renewed its suggestions to modify the final notice requirement in
subsection .02 of Rule 304 and subsection .03 of Rule 603. In both these rules, the Commission
indicates that a utility may mail a final notice of termination to customers at least three days
before the proposed termination. The intent was that receipt of written notice will prompt the
DECISION MEMORANDUM
customer to contact the company to avoid termination. The existing rules also provide that at
least 24 hours before actual termination that the utility shall diligently attempt to contact the
customer either in person or by telephone.
Idaho Power suggests that mailing of the final notice-without an attempt to contact
the customer in person or by telephone-should be sufficient to terminate service. The
Company states that not every customer has a telephone and that customers sometimes avoid
calls from Idaho Power. As the Company recognizes, allowing the final notice to be served by
mail would allow the final mailing to be used as the "exclusive means of advising customers of
the potential termination of electric service to their premises." After the phrase "either in person
or by telephone" the Company suggests adding the following language: "or by the customer
receipt of a final written notice. . . .
Staff suggests that adoption of Idaho Power s comments would be a significant
departure from the current rule that require a "diligent" attempt to contact the affected customer
either in person or by telephone.In addition, the language proposed by the Company is
predicated upon the "customer s receipt of a final written notice." The existing rule merely
requires that a diligent attempt to contact the customer either in person or by telephone. The
Staff perceive problems in trying to determine whether a customer actually received the written
notice.
COMMISSION DECISION
Does the Commission wish to make any changes to its rule? If so what are those
changes?
Does the Commission wish to adopt its proposed rules as pending rules?
Does the Commission wish to issue a Notice of Pending Rule to be published in the
Administrative Bulletin on January 7, 2004?
jJM/
Don Howell
VldlN:31-2101-0301 DecMemo
DECISION MEMORANDUM
PUBLIC UTILITIES COMMISSION
The Utility Customer Relations Rules
Docket No. 31-2101-0301
Proposed Rulemaking
THE FOLLOWING IS THE TEXT OF DOCKET NO. 31-2101-0301
005. DEFINITIONS (Rule 5).
The following definitions are used in this title and chapter:(7-93)
01. Applicant, Unless restricted by definition within a rule or group of rules to a particular class of
service
, "
applicant" means any potential customer who applies for service from a utility and eitha has 116 prc;,im:is
scrvicc Fam that bltilit)' 8r !1(IS 1!8t !wd scn'icc ~vith that bltility ~';,ithill thc nl8St ecellt sixty' (60) days, Utilities may
require an adult or minor competent to contract to join a minor not competent to contract as an applicant.
(7 1 93)L-J
02. Customer. Unless restricted by definition within a rule or group of rules to a particular class of
customer
, "
customer" means any person whcr. (7 93)
tt-.Hhas applied for,...
Hhas been accepted,.. by the utility.and
(7 1 93)
(7 93)It-.
fa.Receiving service from a utility; or
(7 93)L-J
(7-93)
e-.lis cbll'rclluy
.!!.
Has received service within the past ten (10) calendar days prior to tennination by the utility: orL-J
it!;,. Assblming Has assumed responsibility for payment of service provided to another or others, If the
person receiving service is not the same person as the person assuming responsibility for payment of service, the
latter is the customer for purposes of obtaining or tenninating service cancelling scrvicc,receiving refunds ete
making changes to the account. Additi(j/wlly; a persall viha l'I!a,'cs 'within a utility's scn'icc tcrritory and requests that
scl....icc bc terminated at the customel s plc,iabls locdtiall and that sel ,ice be illitiated at a lIe,1I loca/ian 'dit!~ill sixty
(-60) days is callsidclcd an existing customer alld lIat all applicant, (7 1 93)L-J
1M-. GinN' Cutlit, "Ca(Jd credit " mel'lllS payment by a custamcr jar thc mast IceCflt tI~cl,(12)
etJllscc1;iti,c I1wllth pcriad of all undisputed bills due the bltility befalc (fIe bltility s displ'lteh af persa/IlIcl ta t!~e
CblStollICI S premises as allowcd b-y t-he HIeS to lea ,e a (Henty jam (24) ham naticc (j/ to tel minate serv'icc, (7 1 93)
043,. Utility, Unless restricted by definition within a rule or group of rules
, "
utility" means any public
utility providing gas, electric or water service subject by law to the Commission s jurisdiction, whether previouslycertified or not. (7 -93)
(BREAK IN CONTINUITY OF SECTIONS)
104.
104).
If the utility denies sel ..ice ar requires a cash deposit as a condition of providing service, then it f/'tf:t'8't shall
immediately provide an WI'iHen explanation to the applicant or customer stating the precise reasons why it dcllies
set ,ice fJr Icqbliles a deposit is required, The applicant or customer f/'tf:t'8't shall be given an opportunity to rebut those
reasons, In the event of a dispute. the applicant or customer shall be advised that an infonnal or fonnal complaint maybe filed with the Commission, (3 30 01)L-J
WMTTE,EXPLANATION FOR JJ.K".'HL 8ERV!TE OR REQUIREMENT OF DEPOSIT (Rule
IDAHO ADMINISTRATIVE BULLETIN Page 483 October 1, 2003 - Vol. 03-
PUBLIC UTILITIES COMMISSION
The Utility Customer Relations Rules
Docket No. 31-2101-0301
Proposed Rulemaking
(BREAK IN CONTINUITY OF SECTIONS)
107.RETURN OF DEPOSIT (Rule 107).
01. Former Customers. Upon termination of service, the deposit, (with accrued interest,) shall be
credited to the final bill. The balance of the deposit remaining, if any, shall be returned promptly to the customer.
(7 1 93)L-J
02. Existing Customers. If the customer has paid all undisputed bills and has no more than one (1) late
payment during the past twelve (12) consecutive months of service. the utility shall promptly return -1lhe deposit,
(with accrued interest,) fft/;tS'f by either be cl'€:ditcd fa crediting the customer s current account or be issuing a refunded
pwmptly by thc utilit). ,,!Wl:(3 39 91)L-J
tt-.Thc residential cusfamcr establishes and maintains good crcdit; or
It-. Thc small commercial eusfal1lcr maintains good ercdit and is nat delinquent mare than onee in t."7c
prcv'ious twche (12) numfhs. (7 93)
03. Retention During Dispute. The utility may retain the deposit pending the resolution of a dispute
over termination of service. If the deposit is later returned to the customer, the utility shall pay interest at the annual
rates established in Rule 106 for the entire period over which the deposit was held. (7-93)
04. Early Return Of Deposit. A utility may refund a deposit plus accrued interest in whole or in part
at any time before the time prescribed in this rule. (7-93)
(BREAK IN CONTINUITY OF SECTIONS)
109.RECEIPT FOR DEPOSIT -- RECORDS OF DEPOSIT (Rule 109).
01. Receipts. Each customer paying a deposit or the initial installment on a deposit fft/;tS'f shall then be
given a receipt containing or otherwise be provided with the following information: (7 1 93)L-J
Amount ofpayment(s); and
(7-93)
(7-93)
(7-93)
Name of customer and service address for which deposit is held;
Date ofpayment(s);
d. Statement of the terms and conditions governing the return of deposits. An ordinary receipt may begiven for subsequent deposit installments. (7-93)
02. Retention Of Records. Each utility shall maintain records that will enable a customer entitled to a
return of a deposit to obtain a refund even though the customer may be unable to produce the original receipt(s) for
the deposit. The utility shall maintain a detailed record of all deposits received from customers, showing the name of
each customer, the location of the premises occupied by the customer when the deposit is made and each successive
location occupied by the customer while the deposit is retained, and the date(s) and amount(s) of the deposits or
installments. The utility shall retain records of deposits that have been refunded to customers for a period ofthree (3)
years after the date of refund.The utility shall retain #tere records of unclaimed deposits for a period of seven (7)
years as required by thc Unclaimcd Propcrty Act, Sections 11 59l ct sctj., Idaho Cede, and in particular Section 14-
531 , Idaho Cod (tcn)ee:ts)(7 93)L-J
03. Transfer Of Records. Upon the sale or transfer of any utility or any of its operating units, the seller
shall certify to the Commission that it has a list showing the names of all customers whose service is transferred and
who have a deposit on file, the date the deposit was made, and the amount of the deposit. (7-93)
IDAHO ADMINISTRATIVE BULLETIN Page 484 October 1, 2003 - Vol. 03-
PUBLIC UTILITIES COMMISSION
The Utility Customer Relations Rules
Docket No. 31-2101-0301
Proposed Rulemaking
(BREAK IN CONTINUITY OF SECTIONS)
205. CPSTfA\fERS WIn: (;t:J0lJ CRENT ~
:.'\',
iL BILLS (RHk 205) (RESERVED)
Trncn /'t customer ,~,ith goad credit v'l3luntarily tCI minates sa ,ice ,~ith the utility; thc final bill shall cfmtain rJI be
accl3lnpanied by 11 statement thl1t the CUSfflmCI hl1d goad C/'edit "ith the utility. When 1111 applicl1ntfm sel ,ice presentssud 11 statement ffl 11 uN-lily, 'vhcthcr flYlm utility regulated by this c.:JI/UI!issian I3r I3ther,,'ise , the statemc/lt
Cl31!stitutes idcnce of grJrJd CI edit ill thc applicati(j/j for utility' sen'ice. HrJ M::,, pI csentation Df such 11 statement
will/wt requil'C thc uN-lity. to considcl the applicant to ha..'e goad CI edit sakly I3n thc basis of thl1t statement. (7 1. 93)
206. TRA,lS~ER OF RESPONSIBILITY FOR PAYMENT OF BILLS -- RESIDENTIAL CUSTOMERS
(Rule 206).
01. Customer Defined. For purposes of this rule
, "
customer" means a customer whose name appears
on the utility s regular bill for residential service or who signed a written application for service or other document
informing the customer that he or she was assuming an obligation for payment for service. (7-93)
02. Customer s Responsibility. A customer shall not be held responsible for payment of an amount
owed by any person who resides at the customer s premises or is a member of the customer s household, but whose
name does not appear on the current bill or application for service, unless: (7-93)a. The customer signs a written agreement to payor otherwise expressly accepts responsibility for
payment of the other person s bill; or (7 93)L-J
The customer has a legal obligation to pay the other person s bill.(7-93)
03. Customer Notice t:Jf TUlfI9ft:l t:Jf Bill F8 ,inlJtlw CH:iMntCI.No The utility shall Vilns/a /'tny'
I1maunt oo ed by customCi (j/ ftlmcl CUstol1lCI t(j l1/1rJthcl customcr s tlccaunt "ithrJut provide written notice-. of its
intent to add to the customer s bill for current service an amount owed for: (7 93)L-J
.!!.
Another person s bill: or L-J
.!!.,
calendar days.
Service rendered at a former service location. provided that the lapse in service exceeds sixty (60)L-J
Contents Of Notice.The notice must includ thc fl3lkT,ing iI/1m ml1timj cl3I!ce/ning thc billl1l1lmmt
the utility is pmpasing to tf I1nsfCl (7 93)L-J
The time over which the trfll!sferred bill amount was accumulated;
(7-93)
(7-93)
(7 93)L-J
The name of the customer of record who owes the bill amount;
The service location involved;
The amount owed;(7-93)
The reason(s) for trallsfCl ring adding the bill amount to the customer tteet7tt1tf bill statement
(7 1. 93)L-J
A statement that payment arrangements may be made on the amount owed;(7-93)
g.
A statement that the customer has the right to contest the tFtt1tsjeF utility's proposed action with the
utility or the Commission; and (7 1 93)L-J
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PUBLIC UTILITIES COMMISSION
The Utility Customer Relations Rules
Docket No. 31-2101-0301
Proposed Rulemaking
statement.
The response deadline after which the bill amount will be tJ'allsfcrrcd added to the customer s bill
(7 1 93)L-J
04.5.. Opportunity To Respon~!I. The customer shall be given a minimum of seven (7) calendar days
from the date of the proposed action to respond to the utility's notice. (7 1 93)L-J
fJ5-. T/8.ltsfi:/ t:Jf Bills
~/
CffsMllle/ s WJt8 e, The utility,. shall not be requiT ed to notify a customer
af its intent to tl alls.fcr all amoullt a ,vcd if that customC/' remaills thc customer Ilamcd all the bill alld ma ,cs to another
locatioll "
..,
ithill t-he utility:S ser~'ice territory; prtr;lidcd that the fflpse ill serv'ice does not exceed sixty. (60) days for
electric and ,~atel utilities, or ('!lIe (1) heating scason/or gas 1:itilities.
(BREAK IN CONTINUITY OF SECTIONS)
301. REQUIREMENTS EXPLANATION FOR 1\/D Ct:J,YTEATTS f),.v .'\T.()TICE O~DENIAL OF
SERVICE TO APPLICANT (Rule 301).
.!!1.. Explanation To Applicant.If the utility intends to deny service to an applicant under Rule 302, the
utility must gi ,shall provide an explanation to the applicant
..,
itten Mtice ~I' stating the reasons for the utility'
refusal to serve. The Iwtice shall state: (7 1 93)
()b Rea98119, The reasons for denial af ser;lice;(7 1 93)
1(;#8.19 t:Jf .1ppli(;8.ltt. .1ctions he applicant may take shall be advised of what actiones) must be
taken to receive service;'-tmti" (7 1 93)
fJJ-. C8.flphti.tt 1118.) Be Y-ilul. In the event of a dispute. the applicant shall be advised -Fihat an informal
or formal complaint concerning denial of service may be filed with the Commission. (7 1 93)L-J
02. Written Notice. If service is currently being provided to the premises occupied by an applicant. the
utility shall provide written notice of its refusal to serve pursuant to Rule 312.L-J
302. GROUNDS FOR DENIAL OR TERMINATION OF SERVICE WITH PRIOR NOTICE (Rule 302).
A utility may deny or terminate service to a customer or applicant without the customer s or applicant's permission
but only after adequate notice has been given in accordance with these rules, for one (1) or more of the followingreasons: (7-93)
01. Failure To Pay. With respect to undisputed past due bills -Fihe customer or applicant did Ilot pay
undisputed delinquent bills L-J
.!!..
Failed to pay:L-J
!!.
pEaid tl delinquent bill with an)" with a dishonored check not ."tollored by the ballk.;..gr
(7 1 93)L-J
Made an electronic payment drawn on an account with insufficient funds.L-J
02. Failure To Make Security Deposit. The customer or applicant failed to make a security deposit or
make an installment payment on a deposit where it is required. (3-30-01)
03. Failure To Abide By Terms Of Payment Arrangement. The customer or applicant failed to abideby the terms ofa payment arrangement. (3-30-01)
04. Identity Misrepresentation. The customer or applicant misrepresented the customer s orapplicant's identity for the purpose of obtaining utility service. (7 -93)
IDAHO ADMINISTRATIVE BULLETIN Page 486 October 1, 2003 - Vol. 03-
PUBLIC UTILITIES COMMISSION
The Utility Customer Relations Rules
Docket No. 31-2101-0301
Proposed Rulemaking
05. Denial Of Access To Meter. The customer or applicant denied or willfully prevented the utility'access to the meter. (7-93)
06. Willful Waste Of Service. The utility determines as prescribed by relevant State or other
applicable standards that the customer is willfully wasting service through improper equipment or otherwise.
(7-93)
07. \lisft:u: flf !Iel ie.e. Thc cuskJmcr or applicant is using scrilicc 1m ,~'hid! thc customci or applicant
did not apply. Service To Minors. The applicant or customer is a minor not competent to contract as described in
Sections 29-101 and 32-101. Idaho Code. (7 93)L-J
08. Previous Account Balance Owing. Nothing in this rule requires the utility to connect service for a
customer or applicant who owes money on an existing account or from a previous account ,~hcn that cuskJmcl mo.
kJ Ilnc.. Icsidcncc (hilt d-acs IIBt !/Il.C SCI ,ice (7 93)L-J
(BREAK IN CONTINUITY OF SECTIONS)
304. REQUIREMENTS FOR NOTICE TO CUSTOMERS BEFORE TERMINATION OF SERVICE
(Rule 304).
01. !Ieyelr Day Initial Notice. If the utility intends to terminate service to a customer under Rule 302
the utility shall send to the customer written notice of termination mailed at least seven (7) calendar days before the
proposed date of termination. This written notice fItttfit shall contain the information required by Rule 305.
(3 30 01)L-J
02. T,.€tltj T'.6ftl 116ftl Final Notice. The utility may mail a final written notice to the customer at
least three (3) calendar days. excluding weekends and holidays. before the proposed date of termination. Regardless
of whether the utility elects to mail a written notice.rl-f!t least twenty-four (24) hours before ttefftttl the proposed date
termination, the utility fItttfit shall diligently attempt to contact the customer affected, either in person or by
telephone, to advise the customer of the proposed action and steps to take to avoid or delay termination. This tJFttl
final notice fItttfit shall contain the same information required by Rule 305. (3 30 01)L-J
03. Additional Notice. If service is not terminated within twenty-one (21) calendar days after the
proposed termination date as specified in a written notice the utility fItttfit shall again provide notice under Subsections
304.01 and 304.02 if it still intends to terminate service. (3 30 01)L-J
04. Failure to Pay %Ylfl€lll WillI Dis-.'t6lr61 €a ClleeJc.No additional notice of termination is
required if, upon receipt of a termination notice. the customer (3 30 01)L-J
'tc cuskJmer akes a payment arrangement and subsequently fails to keep that arrangement;-Ot'
(3 30 0l)L-J
Thc cuskJmcr enders payment with a dishonored check; or (3 30 01)L-J
c. Thc CUStOl1le1, Ilt Illitility s collcction ...isit kJ terminate scrv'icc, tcndos payment with a dishBn(J/cd
eheek Makes an electronic payment drawn on an account with insufficient funds (3 30 01)L-J
(BREAK IN CONTINUITY OF SECTIONS)
308.SERIOUS ILLNESS OR MEDICAL EMERGENCY (Rule 308).
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PUBLIC UTILITIES COMMISSION
The Utility Customer Relations Rules
Docket No. 31-2101-0301
Proposed Rulemaking
01. Medical Certificate -- Postponement Of Termination Of Service. A utility shall postpone
termination of utility service to a residential customer for thirty (30) calendar days from the date of /he receipt of a
written certificate signed by a licensed physician or public health official with medical training that states:. Thecertificate must contain the following information: (7 1 93)L-J
a. A statement that 1-J;he customer, a member ofthe customer s family, or other permanent resident of
the premises where service is rendered is seriously ill or has a medical emergency or will become seriously ill or have
a medical emergency because oftermination of service, and that (7 1 93)
It-. -1'lermination of utility service would adversely affect the health of that customer, member of the
customer s family, or resident of the household. (7 1 93)L-J
fB-.ClJIltellt3 Of JluJieal eel Hfteait:. This co tijicate must bc in writing and shlJ
,~.
clearlyb. .The name of the person whose serious illness or medical emergency would be adversely affected
by termination and the relationship to the customer, and L-J
thc naturc of thc scrious illncss or mcdical cmcrgency; and tThe name, title, and signature of the
person giving /!IJtice of IJ1 certifying the serious illness or medical emergency. (7 1 93)L-J
OJl.. Restoration Of Service. If service has already been terminated when the medical certificate is
received, service shall be restored as soon as possible. but no later than twenty-four (24) hours after receipt.The
customer tntm shall receive service for thirty (30) calendar days from the utility's receipt of the certificate.
(7 1 93)L-J
(J4-, 'taYlfll!!ttt 111 altgtO.lle,1t3. Bc,flJrc thc CXpiT'I1tilJlI of the mcdical ptJstptJncment, the custemcr /II!:Ist
make pay/llwt aT T tl/lgc//lcnts with thc utility in accordance with Rule 313. (7 1 93)
0-5J. Second Postponement. The utility may postpone termination of service upon receipt of a second
certificate stating that the serious illness or medical emergency still exists. (7 -93)
O(ii. Verification Of Medical Certificate. The utility may verify the authenticity of the certificate and
may refuse to delay termination of service if it is determined that the certificate is a forgery or is otherwise fraudulent.
(7-93)
05.
undisputed bill.
Obli~ation To Pay. Nothing in this rule relieves the customer of the obligation to pay anyL-J
(BREAK IN CONTINUITY OF SECTIONS)
312. DENIAL OR TERMINATION OF SERVICE TO MASTER-METERED ACCOUNTS AND
RESIDENTS OR OCCUPANTS WHO ARE NOT CUSTOMERS (Rule 312).
01. Notice To Occupants Or Residents Not Customers. Except as provided in Rules 303.01 and
303., no utility shall deny or terminate service without providing written notice to the residents or occupants of:
(7 1 93)L-J
(7 1 93)L-JA building or mobile home court where service is master-metered;-et'b. A residence where the customer billed for service is not a resident or occupant of the premises
being servedo~ (7 1 93)L-J
Premises where service is being provided on an interim basis to a resident or occupant following a
customer s request to terminate service.L-J
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PUBLIC UTILITIES COMMISSION
The Utility Customer Relations Rules
Docket No. 31-2101-0301
Proposed Rulemaking
02. 8t:~ell Bli) Delivery And Contents OfNotice To Oeeflpli;~t3 fJ,. Re3itk.~Is The utility must notify
the residents or occupants of its intent to deny or terminate service at least SetIeft two (-72) calendar days. excluding
weekends and holidays.before the proposed date of termination. The notice should be delivered to the premises or, in
the case of multi-occupant buildings or mobile home parks, posted in common areas or a conspicuous location. The
notice shall state: (7 1 93)L-)
The date of the notice;(7-93)~L-)The proposed denial or termination date;
The a/llmmt due for the /IIest recent billing period reason for denial or termination;-tmti
(7 1 93)L-)
d. Htttt What action(s)the resident(s) or occupant(s) can negatiate directl)' ,;it!1 the utility ta purchase
future sel"~icc at that ItJcatian must take in order to obtain or retain service in the resident's(s ) or occupant's(s ) own
name(s)-.: and (7 1 93)L-)
!h That an informal or formal complaint concerning denial or termination of service may be filed with
this Commission.L-)
(BREAK IN CONTINUITY OF SECTIONS)
603. REQUIREMENTS FOR AND CONTENTS OF NOTICE BEFORE TERMINATION OF SERVICE
(Rule 603).
01. lIne.! Bli' Initial Notice. If the utility intends to terminate service under Rule 6:+ 601 , the utility
shall send to the customer written notice of termination mailed at least seven (7) calendar days prior to the proposed
date of termination. (7 93)L-)
02.Contents Of A: Notice. The written notice of termination shall state:(7 93)L-)
termination;
The reason(s), citing these rules, why service will be terminated, and the proposed date of
(7 93)L-)
Actions the customer may take to avoid termination;(7-93)c. That an informal or formal complaint concerning the termination may be filed with thisCommission; and (7-93)d. That service will not be terminated prior to the resolution of such a filed complaint (if the resolutionis in favor of the utility, the Commission shall set the date oftermination). (7-93)
03. TweB~ F8Hr II8t1f Final Notice. The utility may mail a final written notice to customers at least
three (3) calendar days. excluding weekends and holidays. before the proposed date of termination. Regardless of
whether the utility elects to mail a written notice.A-~t least twenty-four (24) hours prior to actual termination, the
utility shall diligently attempt to contact the customer affected, either in person or by telephone, to apprise the
customer of the proposed action. This (7t'tt/ final notice shall contain the same information required above for written
notice. Each utility shall maintain clear, written records of #te8e oral notices, showing dates and the utility employee
giving the notices. (7 1 93)L-)
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